Webster v. Daniels

Dist. Ct. erred in dismissing defendant’s section 2241 petition seeking hearing to present new evidence that would demonstrate that he is categorically and constitutionally ineligible for his currently imposed death sentence under Atkins, 536 US 304, where Dist. Ct. found that new evidence that did not establish defendant’s innocence could never satisfy demanding standard for allowing new hearing under section 2255(e). Ct. of Appeals, via en banc panel, found that there is no such absolute bar for use of safety valve provision under section 2255(e) for purposes of attacking death sentence. However, prior to determining any merits of defendant’s petition, Dist. Ct. must hold hearing to determine whether Social Security records that comprised defendant’s proposed new evidence of mental disability was unavailable to defendant at time of original trial in spite of defense counsel’s due diligence to obtain said records. (Dissent filed.)